United States Eleventh Circuit

Petition for review of denial of application for asylum, withholding of removal, and relief under the Convention Against Torture is dismissed in part and denied in part over claims that the BIA's: 1) disparate treatment of lawfully married couples from traditionally married couples from China violated the Equal Protection Clause; 2) adverse credibility finding is not supported by the record; 3) decision that petitioner's and his putative wife's marriage was not a spousal relationship was an unreasonable interpretation of the refugee statute and the C-Y-Z- decision; and 4) conclusion that petitioner had not been persecuted for resisting China's coercive population control program was not supported by the record.

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• PER CURIAM:, Before BLACK, CARNES and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas Vincent Massucci, New York City, for Yang.


• For Appellees:
  
• John C. Cunningham, Linda S. Wendtland, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, for Respondent.